Brady v. Harborfields Central School District No. 6

In a negligence action to recover damages for personal injuries, etc., defendant appeals from an interlocutory judgment of the Supreme Court, Suffolk County, entered December 28, 1976, which is in favor of plaintiffs, after a jury trial limited to the issue of liability only. Interlocutory judgment reversed, on the law, without costs or disbursements, and new trial granted. The findings of fact have not been affirmed. The trial court’s instruction to the jury on the issue of contributory negligence constitutes reversible error. The court charged that: "you will first determine if Mr. Hoff and…